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Tag: significant nexus

July 21, 2017

PLF files amicus brief in Clean Water Act case

Today Pacific Legal Foundation asked the Ninth Circuit to accept an amicus brief, written on behalf of Mike and Chantell Sackett, as well as John Duarte and Duarte Nursery, supporting the defendant in United States v. Joseph David Robertson. The issue we comment upon involves how the courts should apply the Supreme Court’s Rapanos decision ...

April 07, 2016

What's the future of WOTUS?

Last week I had the opportunity to speak on a panel during the annual spring meeting of the American Bar Association’s Section on Environment, Energy, and Resources.  The focus of my presentation was on the EPA and the Corps’ Clean Water Act rule interpreting the meaning of the “waters of the United States.”  I noted ...

July 13, 2011

An odd post Rapanos case

Author:  Damien M. Schiff In a decision issued late last month, Judge Flanagan of the Eastern District of North Carolina ruled in United States v. Freedman Farms, Inc., that the EPA and the Army Corps of Engineers can establish Clean Water Act jurisdiction over a site's wetlands if the agencies can show that the absence ...

May 16, 2011

Another twist in the LA River saga

Author:  Damien M. Schiff The LA River has been getting a lot of attention these last several years.  First, it came up in Justice Kennedy's concurring opinion in Rapanos, as an example of a waterbody that doesn't flow all year round but that nevertheless can have a significant environmental impact (because of winter flash ...